Dispute over equity of a property with two names on a quit claim deed ?

Asked almost 3 years ago - Miami, FL

A civil suit has been filed against me, for the plaintiff claims he should be entitle to 50% of the property when in fact he never contributed any funds torwards the property and I the defendant paid 90% torwards the property and also paid the property taxes every year. Is he still entitle to half the value of the property when it gets sold ?

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  1. Sheryl Ann Edwards

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    Answered . More information is necessary to answer your question conclusively, however, I am going to make some assumptions on the facts to be able to respond. You indicate that there are two names on a quit claim deed - I am assuming that a third person "quit-claimed" a property to you and the plaintiff. Without words in that quit claim deed that you were taking as "joint tenants with rights of survivorship", you and the plaintiff take as tenants in common - which means that you each own a percentage of the property (instead of co-ownership of the whole). Without language on the quit claim deed to indicate the percentage of ownership, the law would imply a 50/50 ownership. However, this is a rebuttable presumption (meaning you can prove that you are entitled to a greater share), based upon the contribution each party has made to the purchase. When the property is sold, since you have paid all of the maintenance expenses related to the property, you can ask the court to require that the plaintiff's share of the maintenance expenses be returned to you from the sales proceeds first before you divide up the sales proceeds according the ownership share that the Court deems appropriate under the circumstances.

    Good luck - if you have been sued in an action related to the property, I would highly recommend that you retain the services of an experienced real estate attorney who has handled cases such as this in the past.

    This response does not create an attorney-client relationship. Unless you are already a client of the Edwards Law... more
  2. Dennis Andrew Chen

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    Answered . This sounds like a Partition Action. You need an attorney asap. This is not something to handle on your own.

    No attorney-client relationship is created by answering questions in this public forum. If you wish to create an... more

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